Submissions on The Deepfake Digital Harm and Exploitation Bill 

The Auckland Women Lawyers’ Association has made submissions in support of the Deepfake Digital Harm and Exploitation Bill, welcoming the proposed legislation as a necessary step in modernising New Zealand’s response to image-based sexual abuse.

Under the current Harmful Digital Communications Act 2015, prosecuting deepfake offences requires proving the creator intended to cause harm and that the victim suffered “serious emotional distress” — a high threshold which likely discourages victims from coming forward.

The Bill proposes to extend the definitions of “intimate visual recording” across both the Crimes Act 1961 and the HDCA to include synthesised or altered images, and to lower the threshold for offending so that non-consensual sharing is treated as inherently harmful. The creation and possession of non-consensual sexualised deepfakes is also proposed as an offence.

While AWLA supports the Bill, it urges Parliament to think more broadly. Given the rapid pace of technological change, AWLA recommends three additions: the establishment of a national online sexual harm oversight body with technical expertise; expanded penalties targeting the developers, hosts and distributors of AI “nudify” apps and similar tools; and a right to compensation alongside take-down orders, addressing the current lack of any meaningful avenue for victims to recover damages for harm suffered.

A copy of our submissions can be found below.